How Trucker Negligence Causes Crashes in Colorado
Negligence is a common legal theory in personal injury cases where an injured person alleges that the person or entity blamed for the accident did not live up to what courts call a “duty of care.”
Truckers, like all other vehicle drivers, owe everyone else on the road a duty to operate their vehicles in a reasonably safe manner. That means complying with traffic laws, obeying signals, maintaining appropriate speeds and avoiding a wide range of dangerous activities, like texting and driving or getting behind the wheel while intoxicated.
A truck driver who does not meet this standard is considered negligent and legally responsible for any accidents that happen as a result. The trucker’s employer is also legally responsible for such negligence, as long as the driver was acting within the scope of their employment at the time of the crash.
Dangerous Driving
Trucking wrecks are commonly caused by a wide range of dangerous activities behind the wheel, including:
- Speeding
- Tailgating
- Aggressive driving
- Improper merging and unsafe lane changes
- Sharp braking
- Drunk or drugged driving
This kind of dangerous driving is a recipe for disaster on highways that are often filled with vehicles traveling at high speeds. In some situations, more than one driver may be responsible for a crash. Under Colorado’s modified comparative negligence system, a person who is partially to blame for an accident can still seek compensation for their injuries as long as they are not deemed 50 percent or more responsible for the accident.
Maintenance
Shoddy or incomplete maintenance can also cause or contribute to a truck accident. Whether it is headlights that do not correctly illuminate, tires that blowout, or brakes that malfunction, maintenance failures can lead to serious and even fatal collisions.
Truckers and the companies that own the vehicles are expected to keep big rigs in good working order. That means complying with a variety of federal and state regulations. When they fail to perform basic and regular maintenance, overlook defects and other issues, or simply do not take the appropriate straps to fix a problem, they are legally responsible for any accidents that happen as a result.
Improperly-Loaded Trucks
Truck drivers and transportation companies are strictly limited in how much weight they can carry under state and federal laws.
Trucks that are overweight or improperly loaded pose a threat to everyone else on the road. This includes the risk that a trucker loses control of the vehicle on steep grades, tips it over on curves, wears out brakes, or experiences a tire blowout. That is not to mention that loose cargo that falls from a truck creates a hazard for drivers behind the vehicle.
A Denver semi truck accident lawyer at our firm will help you identify the type of negligence that caused the crash and get compensation for your injuries.
Our Denver Semi Truck Accident Lawyer Can Help Prove Truck Driver Negligence
To prove negligence in a truck accident case, you have to be able to show that the truck driver failed to fulfill their duty of care and that this failure directly caused the accident.
This means you must present evidence to prove how the accident happened and who is to blame for the crash. Police reports, witness testimony and video footage can go a long way. Often, forensic evidence from the scene of the collision – skid marks, guardrail damage, damage to the vehicles involved, etc. – can help put the pieces together. Trucker log book and GPS or blackbox data can also fill in the blanks about events leading up to the accident.
You also have to be able to establish that you were injured as a result of the crash. This typically means compiling detailed medical records and other evidence showing the full extent of your injuries and their impact on your daily life.
A Denver semi truck accident lawyer at our firm can gather the necessary evidence and build the strongest possible claim.
How a Denver Semi Truck Accident Lawyer Can Help You
If you or someone you love has been hurt in a truck accident or any other type of accident, you have the right to seek compensation from those responsible. The Denver personal injury attorneys at Levine Law can help.
At Levine Law, our Colorado personal injury attorneys combine decades of experience helping people injured in a full slate of accidents get the money they deserve. We are committed to guiding clients through the legal process with experience and personalized attention.
We previously obtained a nearly $2 million settlement for a couple injured in a rear-end truck collision, among other victories for our clients. We also secured a $770,000 court verdict for a client who suffered neck and back injuries in a truck accident. We are pleased to serve clients throughout Colorado, including Denver, Colorado Springs, Ft. Collins, and Loveland. Call us at 303-333-8000 or contact us online to speak with a Denver semi truck accident lawyer at our firm today.
